State v. . Graham

Appellant presents for error the refusal of the trial ■court to sustain demurrer to the evidence, aptly made under G. S., 15-173, to which ruling exceptions were duly taken and preserved.

A careful consideration of the evidence in the record and case on appeal, taken in the light most favorable to the State, leads to the conclusion as a matter of law (1) that the evidence is insufficient to support a verdict on either the first, second, fourth or fifth counts in the war-nant — the first and the fourth being virtually the same, and (2) that as "to each of them the demurrer should have been…